THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
Hanoi, April 17, 2020
On detailing the Law on Execution of Criminal Judgments regarding community reintegration
Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Law on Special Amnesty dated November 21, 2007;
Pursuant to the Law on Execution of Criminal Judgments dated June 14, 2019;
At the proposal of the Minister of Public Security,
The Government hereby promulgates the Decree on detailing the Law on Execution of Criminal Judgments regarding community reintegration.
Article 1. Scope of regulation
This Decree provides the measures to prepare the community reintegration for inmates; measures to assure community reintegration for persons who have completely served their prison sentences (hereinafter referred to as measures to assure community reintegration); and responsibilities of ministries, People's Committees at all levels and related agencies, organizations and individuals related to implementation of measures to assure community reintegration.
Article 2. Objects of application
This Decree applies to inmates before they completely serve their prison sentences in prisons, prisoners enjoying special amnesty, conditional early release prisoners in custody facilities (hereinafter referred to as prisoner), person enjoying special amnesty, person enjoying conditional early release, persons having completely served their prison sentences and returned to the community (below referred collectively to as persons having completely served their prison sentences) who is Vietnamese, foreigner and stateless people permanent residing in Vietnam and organizations and individuals involved in implementation of measures to assure community reintegration.
Article 3. Principle of assurance of community reintegration
1. Compliance with the provisions of this Decree and other relevant provisions of law; ensure the participant of agencies, organizations, individuals and family in implementation of measures to assure community reintegration.
2. Creation of favorable conditions for persons having completely served their prison sentences to re-integrate themselves in the community, stabilize their lives, and prevention of recidivism and violations of law.
3. Acts of disparagement and discrimination against or infringement of the rights and legitimate interests of prisoners and persons having completely served their prison sentences are strictly prohibited.
Article 4. Fund for ensuring the implementation of measures of community reintegration
1. Fund provided by the state to ensure the implementation of measures to assure community reintegration shall be allocated in the regular expenses estimation of agencies and units according to current state budget decentralization.
2. Community re-integration funds of the prison which established as prescribed in Article 34 of the Law on Execution of Criminal Judgments on 2019 to support for prisoners when they completely serve their imprisonment sentence and reintegrate in to the community. The state encourage agencies, organizations to establish fund in accordance with law provisions to support for community reintegration activities and help person who completely serve their imprisonment sentence to borrow loans for vocational training, having jobs and stabilizing their lives.
3. Agencies, organizations, individuals directly implement measures to assure community reintegration are allowed to received money, foreign currency, valued papers and other property rights form voluntarily source of domestic and international agencies, organizations and individuals to use in community reintegration activities according to law provisions:
a) For monetary contribution: Agencies and organizations received monetary contribution shall have to open separation accounting book to monitoring the contributed money; in case the contribution is in foreign currency, diamond, precious gems and metals or other value objects, they must sell it to the commercial banks or organize auction and remit the collected money in to the account of receiving agencies, organizations.
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